BODY GOSSIP: TERMS AND CONDITIONS OF ENTRY AND PARTICIPATION
1. Body Gossip is organised by The Society Monologues Limited of 2 Brownsea Court, 160 Clarence Road, London E5 8EF
2. Entrants participating in Body Gossip have an opportunity to have their Submission considered for inclusion in Body Gossip, the Event and its Associated Activities in accordance with these Terms and Conditions.
3. Definitions In these Terms and Conditions the following words have the following meanings:
“Associated Activities”: any and all activity relating to the production, performance, publishing, exploitation or promotion of the Submission other than as part of the Competition and/or the Event whether alone or in conjunction with other such Submissions including but not limited to the publishing of the Submission in any media, the recording of the Submission in audio or video formats for broadcast on radio or television or on the internet via streaming or download, any so-called 'making-of' documentary whether intended for broadcast or otherwise and any recording of the Event in accordance with these Terms and Conditions;
“Body Gossip”: an initiative comprising the Competition, the Event and the Associated Activities, which TSM intends (but does not undertake) to organise and run;
“Competition”: the consideration of any Submission made in accordance with these Terms and Conditions for possible inclusion in Body Gossip. The purpose of the Competition is to give Entrants the opportunity to have their Submission included in Body Gossip and in particular the Event;
"Entrant": any person or persons who enters the Competition;
“Event”: the gala theatrical presentation(s) of the winning Submissions [provisionally scheduled for 2009 and intended for presentation in the West End of London];
"Participation": means all and any part of the Entrant's participation in Body Gossip howsoever arising and at whatever period of Body Gossip including without limitation the attendance of the Entrant at any location, meeting, rehearsal or workshop event pursuant to Body Gossip, the production of the Event, the recording of the same for broadcast by any means and the Associated Activities;
"Producers": means employees and contractors of TSM and/or their nominees charged with the operation and/or execution of Body Gossip;
"Submission": the submission of an entry to the Competition in a format required by TSM (as set out on the Website) and accordance with these Terms and Conditions;
“Website”: means www.bodygossip.org.
4. Entry Procedure for stories to Body Gossip is by direct submission through the Website. Entrants must provide details including their postal address, email address, telephone number and mobile number (if they have one) and age. [Postal entries, when applicable, must be submitted with a signed confirmation of Entrant's acceptance of these Terms and Conditions.] Delivery of a Submission to TSM by any means shall constitute acceptance by Entrant of these Terms and Conditions. TSM cannot and will not accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
5. Entrant Warranties
(a) By entering Body Gossip all Entrants warrant and agree: i. they have the right and are entitled to enter the Competition and agree to be bound by these Terms and Conditions; ii. they have not had any previous dramatic writing (including without limitation screenplays, stage, radio and television scripts and/or treatments) professionally commissioned, professionally published, professionally staged, optioned and/or professionally produced in any format. Dramatic writing that has been rejected by professional theatre companies or radio stations is eligible if submitted in accordance with these Terms and Conditions; iii. the Submission is original, is not defamatory, obscene, blasphemous, in contempt of court, in breach of any third party or parties' copyright and shall not expose TSM to any criminal or civil liability or claims in respect of the same; iv. the Submission is being submitted exclusively to the Producers and the Entrant will not enter into any agreement that conflicts with these Terms and Conditions; v. the Entrant exclusively owns and controls all copyright and all other related rights in and to the Submission and has all rights necessary to enter into the Competition and to enable the Submission to be incorporated in Body Gossip and grant the rights set out in these Terms and Conditions; vi. the Submission is not an adaptation of any existing published work; vii. to participate in the filming and recording of the process of Body Gossip; viii. they acknowledge and agree that TSM will have editorial and directorial input to the Submission, for use in Body Gossip and that they shall abide by TSM's decisions in respect of the same at all times; ix. to attend at such development meetings, rehearsals, performances and such other events, workshops and/or meetings as required in the opinion of the Producers to effectively produce and exploit Body Gossip; and
(b) In the event that Entrant is under the age of 18 years of age at the date of the Submission Entrant hereby warrants that they have legal capacity to enter the Competition and agree to the Rules (i.e. that they are of sufficient mental capacity and are entitled to be legally bound in contract) and that a parent or legal guardian has consented to their entry of the Competition and accepts these Terms and Conditions. In the event that any such Entrant should be selected for inclusion in Body Gossip Entrant agrees that Entrant and their parent or legal guardian shall be required to sign both these Terms and Conditions and the any documents as may be required by TSM to secure the rights granted under these Terms and Conditions prior to their inclusion in Body Gossip, the Event or the Associated Activities or Entrant's Participation.
6. By entering Body Gossip Entrants agree:
(a) that TSM (and third parties authorised by TSM) may make the Submission and the Entrant’s Participation available on the Body Gossip and TSM websites and in any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Submission or Entrant’s Participation may be made available with advertising and/or sponsorship;
(b) to assign and grant TSM all copyright and all other rights whatsoever in and to the Submission and Entrant’s Participation to use, display, publish, transmit, copy, make derivative works from, edit, alter, store, re-format, sell and sub-licence the Submission and/or Entrant’s Participation for such purposes for the full period of copyright and any extensions thereof and thereafter insofar as is possible in perpetuity. Entrants hereby expressly and irrevocably waive in perpetuity all so-called “moral rights” in relation thereto and acknowledge and agree that the remuneration and/or consideration payable hereunder is an equitable pre-payment of any sums which may subsequently become due to the Entrant in respect of exploitation of such rental, lending or other rights. The Entrant will at the Producers' request execute and sign all documents and do all acts and things necessary to secure all the rights granted hereunder;
(c) Entrants grant TSM (and third parties authorised by TSM) the right to issue publicity concerning the Submission and/or Entrant’s Participation and any material, service or programme in which it may be included, and for such purpose to use and reproduce the Entrant’s name and photograph (where these have been provided to TSM) and the Submission and/or Entrant’s Participation or copies of the Submission and/or Entrant’s Participation.
(d) TSM has no obligation to keep originals or copies of any Submission and/or Entrant’s Participation or to return the Submission to Entrants at the end of “Body Gossip” or any other point in the future;
(e) to waive any right to seek injunctive relief against TSM in relation to these Terms and Conditions or arising from any breach or alleged breach of the same and that the Entrant's remedies in respect of any such breach or alleged breach shall be a claim for damages.
(f) to make themselves available on reasonable notice to take part in any publicity associated with Body Gossip and shall provide TSM on request with a full assignment of copyright and all other rights in and to the Entrant's Participation including performance in such Participation and publicity in such form as TSM may require, and a grant of all consents necessary for the exploitation of the publicity related materials in all media worldwide in perpetuity and execute all documents required by TSM to do so. Entrants irrevocably and unconditionally agree to grant TSM the right in perpetuity throughout the world to use and authorise others to use the Entrant's name, voice, likeness, biographical material, photographs and likenesses for the purposes of advertising, advertising and exploiting Body Gossip. Entrants agree to make themselves available for the production of such material by TSM;
(g) in the event of any fault, dispute, misunderstanding or disagreement concerning any part of Body Gossip, including the operation of the website, email or postal system or any other form of submission or entry in “Body Gossip” or the validity of any decision of the Producers, the decision of TSM shall be final and neither correspondence nor discussion shall be entered into or required to be entered into by TSM.
7. Notwithstanding an Entrant's participation in Body Gossip there remains no obligation on the part of TSM to produce the Event and/or the Associated Activities and/or broadcast any or all of their Submission as may be recorded by TSM. TSM hereby reserves the right (and the Entrants agree and consent to such reservation) to suspend and/or cancel Body Gossip and/or to vary these Terms and Conditions at any time without prior notice and for any reason. Any changes to these Terms and Conditions will be made available on the Website. If the operation of Body Gossip, or the recording, broadcast or performance of the Event is affected by circumstances beyond the reasonable control of TSM, TSM may cancel and/or suspend all or any part of Body Gossip and Entrants shall have no claim whatsoever against TSM. In the event of any such suspension or cancellation of Body Gossip TSM shall remain entitled to all rights granted to it by the Entrant as set out in these Terms and Conditions.
8. Timescale The competition is ongoing. TSM or the Producers shall not contact Entrants to acknowledge receipt of Submissions. In the event that the Producers choose to shortlist any Submission the Producers shall contact Entrants by email and by telephone. Entrants agree that the Producers shall not enter into any correspondence or discussion (or be required to do so) in relation to the shortlisting or non-shortlisting of any Submission or provide any reasons in respect of the same.
9. The following persons may not enter Body Gossip:
(a) any person who is employed by TSM or contracted for work by any person or entity rendering services in respect of Body Gossip or any member of the immediate family (including any live-in partner) of any of the aforesaid persons;
(b) any person who resides outside the UK, the Channel Islands or the Isle of Man and/or is not a UK citizen or at all material times a "qualifying person" under the Copyright Designs and Patents Act 1988. TSM reserves the right to verify the eligibility of all Entrants.
10. The Producers and TSM shall not be liable to reimburse any expenses or costs incurred by any Entrant in making any Submission or to return any materials (including without limitation any Submission) submitted by any Entrant.
11. An Entrant may submit no more than two Submissions to Body Gossip.
12. During the recording, live performance or live transmission of any parts of Body Gossip, Entrants agree to abide promptly by the lawful directions of the Producers at all times.
13. TSM may disqualify any Submission in the event of (in the sole opinion of the Producers):
(a) failure by such Entrant to provide adequate proof of eligibility upon request by the TSM;
(b) the Entrant's fraud or dishonesty; or
(c) any breach by the Entrant of these Terms and Conditions.
14. In the event of any such disqualification TSM shall remain entitled to all rights granted to it by the Entrant as set out in these Terms and Conditions.
15. If there is any material fact about an Entrant or prospective Entrant (including but not limited to existing medical conditions) which may in the opinion of TSM jeopardise or otherwise impact on Body Gossip, which might result in publicity adverse to the good name of TSM or Body Gossip, the Entrant will be liable to disqualification subject to at all times and in all circumstances it being acknowledged that TSM shall retain all rights granted to it by the Entrant herein. Each Entrant agrees that they shall keep confidential all information relating to Body Gossip which has been disclosed to the Entrant or obtained from the Entrant's participation in Body Gossip, including (without limitation) information relating to the operation, organisation, results and conduct of TSM and the plans and proposals for Body Gossip and/or the Submission and/or any part of Body Gossip in which they participate and/or any other part of Body Gossip (provided the same is not already in the public domain (but not as a consequence of any breach of this clause by the Entrant)) and agrees not to disclose such information to any person other than with the prior written consent of TSM.
16. TSM will not accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering or as a consequence of entering Body Gossip to the fullest extent permitted by law.
17. TSM shall be entitled to assign or sub-license the benefit of these Terms and Conditions provided TSM shall remain liable to Entrants. The Terms and Conditions are personal to Entrants and are not capable of being assigned by Entrants.
18. The Terms and Conditions set forth the entire agreement between the Entrant and TSM in connection with Body Gossip and supersedes any prior agreements and/or arrangements (whether oral or in writingand including anything appearing on the Website) between the Entrant and TSM or any other party. No waiver express or implied by either TSM or the Entrant of any provision of these Terms and Conditions shall operate as a waiver of any preceding or succeeding breach of the same of any other provision of these Terms and Conditions.
20. All Entrants agree to abide by both all directions and instructions of the Producers and also these Terms and Conditions, which are the full terms and conditions for participation in Body Gossip and are governed by English law. Disputes arising under these Terms and Conditions shall be exclusively subject to the jurisdiction of the courts of England.